wa-law.org > bill > 2025-26 > HB 2076 > Original Bill
The legislature finds that most of the state's government enforcement decisions and discretionary expenditures are not made by elected representatives but rather by unelected bureaucrats within government agencies who view themselves as immune from accountability. Likewise, most legal edicts are not laws enacted by the legislature but are rules and regulations promulgated by bureaucrats. This imposes massive direct and indirect costs on Washington's working taxpayers. The legislature finds that United States supreme court decisions in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo serve as relevant reminders that agencies only have the authority granted to them as specified by statute. In West Virginia v. EPA, the court declared that an agency that seeks to decide an issue of vast economic and political significance must have clear congressional authorization to do so; a principle referred to as the major questions doctrine. In the case of Loper Bright Enterprises v. Raimondo, the court held that the federal administrative procedure act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority rather than deferring to an agency's interpretation of the law simply because a statute is ambiguous. Consistent with these principles, the legislature recognizes the need for a comprehensive review of state statutes and agency regulations for the purpose of improving the efficiency of state government operations and expenditures and ensuring that statutes that delegate authority to agencies provide clear and specific legislative authorization.
The legislature intends to establish the Washington department of government efficiency, hereinafter referred to as "WADOGE," to develop and launch a process to identify state government policies, processes, and expenditures that are inefficient or unnecessary and should be considered for removal. The legislature intends for WADOGE to work with agencies to identify and halt enforcement of regulations that are beyond an agency's statutory authority and that should therefore be repealed. The legislature also intends for WADOGE to work with agencies to find opportunities to consolidate duplicative and miscellaneous agency functions.
Furthermore, the legislature intends for all agencies, departments, offices, boards, commissions, and other state entities to assist in identifying policies, processes, and expenditures that should be considered for removal and to help improve the state's budget decisions.
To achieve these goals, the legislature intends WADOGE to pursue the following four major methods of reform to improve state government efficiency and budget decisions: Regulatory rescission; administrative streamlining; encouraging cost savings for Washington consumers; and preventing the political weaponization of agencies.
The legislature intends for WADOGE to report its findings and suggestions on a regular basis to the legislature through reports to the joint legislative audit and review committee, the office of the governor, and other state executive branch offices as is relevant.
The legislature finds that WADOGE's establishment and efforts are necessary to implement the budget.
The Washington department of government efficiency is established as a legislative agency. The administration and all operations of the office are subject to RCW 44.04.260.
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The WADOGE board is established within WADOGE and consists of two senators and two representatives from the legislature. The president of the senate shall appoint the senate members of the board, one from the majority caucus and one from the minority caucus. The speaker of the house of representatives shall appoint the house members of the board, one from the majority caucus and one from the minority caucus.
The board created under (a) of this subsection shall appoint the director of WADOGE. The director may be removed by the unanimous consent of the board, but only upon grounds of neglect of duty or misconduct in office. Subject to RCW 44.04.260, the board must set the salary of the director.
Subject to RCW 44.04.260, all expenses incurred, including salaries and expenses of employees, shall be paid upon voucher forms as provided and signed by the director. Vouchers may be drawn on funds appropriated by law for WADOGE. The senate and house of representatives may transfer moneys appropriated for legislative expenses to WADOGE.
The director shall oversee and coordinate functions of WADOGE and must report its progress to the joint legislative audit and review committee on a quarterly basis. A final report on its activities must be submitted to the joint legislative audit and review committee by July 4, 2028. On or before 30 days after the final report is issued, the joint legislative audit and review committee must hold at least one public hearing to consider the findings of the report and receive comments from the public.
In consultation with WADOGE, each agency head shall establish within their respective agencies a WADOGE team of at least four employees. Agency heads shall select the WADOGE team members in consultation with the director of WADOGE. Each WADOGE team must include one team lead as selected by the agency head, one human resources specialist, and one attorney or management-level staff if the agency does not have an attorney on staff. Team leads serve as a liaison between the agency and WADOGE and is responsible for advising the head of their agency on implementation of WADOGE's agenda.
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By March 31, 2026, each agency WADOGE teams shall:
Review their agency's enabling statutes, rules, and any other laws they are tasked with implementing or enforcing; and
Report to WADOGE any statutes or rules that are deemed by the agency to be obsolete, outdated, or unnecessary. The agency shall provide a concise notation as to why such statute or rule is obsolete, outdated, or unnecessary and whether it should be repealed.
An agency may include in its report under (a) of this subsection information regarding:
Additional statutes or rules that it does not implement or enforce but are identified by the WADOGE team as obsolete, outdated, or unnecessary; and
Statutes and rules that remain necessary for the public health, safety, and welfare but that could be made more concise through legislative action.
Agency heads shall take all necessary steps consistent with law, in coordination with the director, to ensure WADOGE has full and prompt access to all nonconfidential agency records, software systems, and information technology systems. WADOGE shall adhere to rigorous data protection standards. Records and information received by WADOGE from agencies are not subject to disclosure under chapter 42.56 RCW.
WADOGE must review the report from agencies received under subsection (2) of this section and, by January 31, 2028, and in compliance with RCW 43.01.036, WADOGE shall submit a report to the legislature with recommendations based on information provided by agencies.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Director" means the director of the office of legislative support services employed under RCW 44.80.040.
"Legislative agencies" means: The joint legislative audit and review committee, the joint transportation committee, the office of the state actuary, the legislative evaluation and accountability program committee, the office of legislative support services, the Washington department of government efficiency, and the statute law committee.
"Office" means the office of legislative support services.
The joint legislative audit and review committee, the joint transportation committee, the select committee on pension policy, the legislative evaluation and accountability program committee, the office of legislative support services, the joint higher education committee, and the joint legislative systems committee Washington department of government efficiency are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the facilities and operations committee of the senate over any standing committee of the house of representatives or oversight authority to the executive rules committee of the house of representatives over any standing committee of the senate.
For the purposes of this chapter, the statute law committee, the joint legislative audit and review committee, the joint transportation committee, the legislative evaluation and accountability program committee, the office of legislative support services, the joint higher education committee, the office of state actuary, the Washington department of government efficiency, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, except that neither party may be compelled to negotiate during a legislative session or on committee assembly days, to confer and negotiate in good faith, and to execute a written agreement with respect to the subjects of bargaining specified under RCW 44.90.090. The obligation to bargain does not compel either party to agree to a proposal or to make a concession unless otherwise provided in this chapter.
"Commission" means the legislative commission created in RCW 41.58.100 at the public employment relations commission, until the legislative commission expires on December 31, 2027. After December 31, 2027, "commission" means the public employment relations commission created under RCW 41.58.010(1).
"Confidential employee" means an employee designated by the employer: (a) To assist in a confidential capacity, or serve as counsel to, persons who formulate, determine, and effectuate employer policies with regard to labor relations and personnel matters; or (b) who as part of the employee's job duties has authorized access to information that contributes to the development of, or relates to the effectuation or review of, the employer's collective bargaining policies, strategies, or process; or (c) who assists or aids an employee with managerial authority.
"Director" means the director of the office of state legislative labor relations.
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"Employee" means:
Any regular partisan employee of the house of representatives or the senate who is covered by this chapter; and
Any regular employee who is staff of the:
(A) Office of legislative support services;
(B) Legislative service center;
(C) Office of the code reviser who, during any legislative session, does not work full time on drafting and finalizing legislative bills to be included in the Revised Code of Washington; and
(D) House of representatives and senate administrations.
b. "Employee" also includes temporary staff hired to perform substantially similar work to that performed by employees included under (a) of this subsection.
c. All other regular employees and temporary employees, including employees in the Washington department of government efficiency created under section 2 of this act, casual employees, interns, and pages, and employees in the office of program research and senate committee services work groups of the house of representatives and the senate are excluded from the definition of "employee" for the purposes of this chapter.
"Employee organization" means any organization, union, or association in which employees participate and that exists for the purpose, in whole or in part, of collective bargaining with employers.
"Employee with managerial authority" means any employee designated by the employer who, regardless of job title: (a) Directs the staff who work for a legislative chamber, caucus, agency, or subdivision thereof; (b) has substantial responsibility in personnel administration, or the preparation and administration of the employer's budgets; and (c) exercises authority that is not merely routine or clerical in nature and requires the use of independent judgment.
"Employer" means:
The chief clerk of the house of representatives, or the chief clerk's designee, for employees of the house of representatives;
The secretary of the senate, or the secretary's designee, for employees of the senate; and
The chief clerk of the house of representatives and the secretary of the senate, acting jointly, or their designees, for the regular employees who are staff of the office of legislative support services, the legislative service center, and the office of the code reviser.
"Exclusive bargaining representative" means any employee organization that has been certified under this chapter as the representative of the employees in an appropriate bargaining unit.
"Labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.
"Legislative agencies" means the joint legislative audit and review committee, the statute law committee, the legislative ethics board, the legislative evaluation and accountability program committee, the office of the state actuary, the legislative service center, the office of legislative support services, the joint transportation committee, and the redistricting commission.
"Office" means the office of state legislative labor relations.
"Supervisor" means an employee designated by the employer to provide supervision to legislative employees as part of the employee's regular and usual job duties. Supervision includes directing employees, approving and denying leave, and participating in decisions to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust employee grievances, when the exercise of the authority is not of a merely routine nature but requires the exercise of individual judgment, regardless of whether such duties are the employee's primary duties and regardless of whether the employee spends a preponderance of the employee's time exercising such duties. However, "supervisor" does not include a legislative assistant to a legislator of the senate or house of representatives.
The legislature finds that the expanding web of state regulations impose significant hardship on the lives of millions of Washingtonians and limits economic growth. The legislature finds that these regulations are often difficult for the average person or business to understand, as they require the synthesizing of formal laws and agency rules, memoranda, administrative orders, published guidance, policy statements, and interagency agreements. This further increases compliance costs and the risk of noncompliance. Therefore, it is the state's policy that for each new rule adopted, at least two existing rules must be identified and repealed. The legislature's intent to ensure that the cost of planned regulations is responsibly managed and controlled through a rigorous regulatory budgeting process.
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Each agency proposing a new rule must repeal at least two existing rules but may not repeal rules that are specifically required by statute. Rules that are specifically required by statute do not include rules that are promulgated under statutes providing general rule-making authority.
Any new incremental costs associated with the adoption of a rule must, to the extent permitted by state law, be offset by the elimination of existing costs associated with the two rules being repealed under (a) of this subsection.
The director shall provide the heads of agencies with guidance on the implementation of this section, which must include:
Processes for standardizing the measurement and estimation of regulatory costs;
Standards for determining what qualifies as new and offsetting rules;
Standards for determining the costs of existing rules that are considered for elimination;
Processes for accounting for costs in different fiscal years;
Methods to oversee the issuance of rules with costs offset by savings at different times or different agencies;
Emergencies and other circumstances that might justify individual waivers of the requirements of this section; and
What constitutes a rule under chapter 34.05 RCW.
For regulations that increase incremental costs, the head of each agency shall identify on an aggregated basis the offsetting regulations described in subsection (2) of this section and provide the agency's best approximation of the total costs or savings associated with each new or repealed rule.
For each agency, the director shall recommend a total incremental cost for each fiscal year that may be associated with the adoption of new agency rules or the repeal of agency rules. Agencies are encouraged to not exceed the agency's total incremental cost allowance as determined by the director that fiscal year, unless specifically required by law. The total incremental cost allowance may allow an increase or require a reduction in total regulatory cost.
Except for rules specifically and clearly required by law, an agency shall send all proposals for the adoption of new rules or the repeal of existing rules to WADOGE for comment and feedback.
The director shall provide the heads of agencies with guidance on the implementation of the requirements in this section.
The head of each agency shall, as soon as practicable, take all necessary steps to terminate remote work arrangements and require employees to return to work in person at their respective duty stations on a full-time basis. WADOGE shall issue guidance on acceptable exemptions, and agency heads may exempt employees as necessary and in accordance with guidance issued by WADOGE. This subsection shall be implemented consistent with applicable law.
In addition to the requirements under this chapter, and the small business economic impact statement requirements under RCW 19.85.030 and 19.85.040 before the adoption, amendment, or repeal of any rule, an agency shall consider the economic impact of the proposed rule and shall:
Prepare an economic analysis of the impact of the proposed rule for any proposed rule that the agency reasonably anticipates at least $1,000,000 in cumulative implementation and compliance costs that will be incurred by, or passed along to, individuals, businesses, or units of local government as the result of the proposed rule over the initial five-year period following the effective date of the proposed rule; and
Ensure an economic analysis includes the following:
An estimated number, and identification when possible, of individuals, businesses, and units of local government subject to the proposed rule;
The projected reporting, recordkeeping, and other administrative costs and time required for compliance with the proposed rule, including the types of professional skills necessary for preparation of any documentation, records, or reports required by the proposed rule;
A statement of the probable effect of the rule on impacted individuals, businesses, and units of local government;
Whether the proposed rule is mandated by federal law as a requirement for participating in or implementing a federally subsidized or assisted program and whether the proposed rule exceeds the requirements of such applicable federal law;
A comparison of the anticipated costs and benefits of the proposed rule;
A description of the efforts taken by the agency to minimize the cost and impact of the proposed rule on individuals, businesses, and units of local government in this state; and
Other provisions or information the agency deems reasonably necessary for the legislature and the public to assess the economic impact of the proposed rule.
Agencies shall reduce the economic impact of a proposed rule on small businesses that are independently owned and operated, are not dominant in their field, and employ not more than 100 employees by implementing any of the following actions, unless otherwise prohibited by state law or if implementation of this subsection prevents the agency from meeting the authorizing statute's objectives:
Establishing different reduced compliance or reporting requirements or different timetables for small businesses;
Clarifying, consolidating, or simplifying the compliance and reporting requirements under the rule for small businesses;
Establishing performance rather than design standards for small businesses;
Exempting small businesses from any or all requirements of the rules; or
Any methods of reducing or mitigating the impact of a rule on small businesses described in RCW 19.85.030.
In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the authorizing statute.
Agencies may contract with an independent contractor to prepare the analyses required under this section.
The legislature finds that in recent years state regulations have impeded the development of energy resources, limited the generation of reliable and affordable electricity, reduced job creation, and inflicted high energy costs on Washington consumers. It is therefore the legislature's intent to review agency policies and actions with the goal of prioritizing cost savings to provide greater certainty in the federal permitting process including, but not limited to, streamlining the judicial review of the application of the state environmental policy act under chapter 43.21C RCW.
WADOGE shall examine agency policies and rules in accordance with this section to prioritize cost savings for the purpose of:
Encouraging energy exploration and production on public lands and waters, in order to meet the needs of Washington residents and to solidify Washington as a global energy leader;
Protecting Washington's economic prosperity by ensuring that an abundant supply of reliable energy is readily accessible in every corner of the state;
Ensuring that all regulatory requirements related to energy are grounded in rigorously peer-reviewed science and consistent with law;
Preparing for the elimination of the electric vehicle mandate and promoting true consumer choice, which is essential for economic growth and innovation, with the goal of removing regulatory barriers to motor vehicle access, ensuring a level regulatory playing field for consumer choice in vehicles, and considering the elimination of unfair subsidies and other ill-conceived government-imposed market distortions that favor electric vehicles over other technologies;
Safeguarding the people of Washington's freedom to choose from a variety of goods and appliances including, but not limited to, lightbulbs, dishwashers, washing machines, gas stoves, wood-burning stoves or fireplace inserts, water heaters, toilets, and shower heads;
Ensuring that the effects of an agency rule, regulation, or action is, whenever evaluated, reported separately from its domestic costs and benefits, in order to promote sound regulatory decision making and prioritize the interests of the people of Washington;
Guaranteeing that all agencies provide an opportunity for public comment and rigorous peer-reviewed scientific analysis on proposed rules; and
Ensuring that no state funding be employed in a manner contrary to the principles outlined in this section, unless specifically required by law.
Each agency shall report to WADOGE on a quarterly basis on its activities to fulfill the requirements under this section.
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The head of each agency shall identify and provide a list to the director of all existing agency rules, regulations, orders, guidance documents, policies, settlements, consent orders, and any other agency actions to identify those that impose an undue burden on the identification, development, or use of domestic energy resources, with particular attention to oil, natural gas, coal, hydropower, biofuels, critical mineral, and nuclear energy resources, or that are otherwise inconsistent with the policies described in this chapter, including restrictions on consumer choice of vehicles and appliances.
The head of each agency shall develop and implement action plans to suspend, revise, repeal, or rescind all agency rules, regulations, orders, guidance documents, policies, and any other agency actions identified as unduly burdensome under (a) of this subsection, as expeditiously as possible and consistent with applicable law.
If an agency determines that it does not have agency rules, regulations, orders, guidance documents, policies, settlements, consent orders, and any other agency actions described in (a) of this subsection, the head of the agency shall submit to the director a written statement to that effect. Absent a determination by the director that such agency does have agency actions described in this subsection, that agency shall have no further responsibilities under this section.
The heads of any agencies that have taken action under (b) of this subsection shall take all necessary steps to ensure that all such actions are terminated or, if necessary, appropriate, or required by law, that such activities are transitioned to other agencies or entities. Upon completion of these efforts, the agencies will report their processes and results to WADOGE.
Within existing resources, the department of ecology, department of natural resources, department of commerce, department of agriculture, department of fish and wildlife, and other agencies as determined by the director shall undertake all available efforts to eliminate all delays within their respective permitting processes including, but not limited to, the use of general permitting and permit by rule. For any project an agency deems essential for the state's economy or public safety, agencies shall use all possible authorities, including emergency authorities, to expedite the adjudication of permit determinations.
WADOGE shall aggregate the information received from agencies under subsection (3) of this section and include it in the final report to the joint legislative audit and review committee required under section 2 of this act.
The legislature finds that the people of Washington have witnessed their state government weaponize the legal force of numerous agencies against those perceived to be political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions. The legislature finds that many of these activities appear to be inconsistent with the state Constitution or other laws of this state, including those activities directed at parents protesting at school board meetings and other Washingtonians who were simply exercising constitutionally protected rights. The legislature finds that under the guise of combatting "misinformation," "disinformation," and "malinformation," some agencies have infringed on the constitutionally protected speech rights of the people of Washington in a manner that advanced preferred political narratives about significant matters of public debate, including election integrity, the delivery of health care services, and reforms to Washington's struggling K-12 public school system. Therefore, the legislature intends to set forth a process to ensure that there is accountability for the weaponization of the state government against the people of Washington.
WADOGE shall review each agency's permitting process, including the adjudicatory process, that requires an evaluation of environmental considerations to determine whether the agency is adhering strictly to the criteria, factors, or requirements set forth in the authorizing statute or whether the agency is considering criteria, factors, or requirements beyond what is set forth in statute. In its review, WADOGE must identify any permitting processes or regulatory methodologies that are arbitrary or ideologically motivated.
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WADOGE shall review all agency rules, polices, guidance, interpretive statements, and policy statements for arbitrary or ideologically motivated use of rhetorical terms such as "social cost of carbon" which are derived from a poor basis in empirical science, politicization, or the absence of a foundation in legislation.
WADOGE shall develop guidance to help agencies avoid harmful and detrimental terms, including consideration of eliminating the "social cost of carbon" calculation from any state permitting or regulatory decision.
WADOGE shall include in its final report to the joint legislative audit and review committee required under section 2 of this act information in (a) of this subsection as well as its suggestions to agencies provided pursuant to (b) of this subsection.
WADOGE shall develop guidance for agencies on how to assess the value of changes in greenhouse gas emissions resulting from agency actions, including with respect to the consideration of domestic versus international effects and evaluating appropriate discount rates. To the extent permitted by law, the guidance must be consistent with this section.
Each agency shall, as appropriate and consistent with WADOGE's guidance issued under this section, initiate a process to make changes to any rule, regulation, policy, or process necessary to comply with the regulatory analysis guidance issued by WADOGE under subsection (4) of this section.
Each agency shall perform a regulatory analysis described in subsection (4) of this section on a quarterly basis. Within 60 days of the effective date of this section, each agency shall submit a report to WADOGE detailing its work plan for performing regulatory analysis on a quarterly basis.
WADOGE, in consultation with the heads of all agencies, shall take appropriate action to review the activities of all agencies exercising civil or criminal enforcement authority in the state. These agencies include, but are not limited to, the department of ecology, the department of labor and industry, the department of revenue, the department of natural resources, and the department of fish and wildlife. WADOGE shall identify any instances where an agency's conduct appears to have been contrary to the purposes and policies of the Washington state Constitution. Information collected by WADOGE and any recommendations for appropriate remedial actions, must be included in the final report to the joint legislative audit and review committee required under section 2 of this act.
All agencies must comply with retention requirements for public records under chapter 40.14 RCW. WADOGE must refer instances of noncompliance with chapter 40.14 RCW to the office of the attorney general for possible enforcement action.
WADOGE shall review all agency actions as defined in RCW 34.05.010, orders from adjudications, and public statements as it relates to matters of public debate such as election integrity, the delivery of health care services, and reforms to the K-12 public school system, to identify agency actions that may infringe, impair, or in any way limit a Washingtonian's rights to free speech. WADOGE shall report these findings to the joint legislative audit and review committee in its final report required under section 2 of this act.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Agency" means all state agencies, boards, commissions, departments, offices, councils, institutions, and other similar state entities.
"Director" means the director of the Washington department of government efficiency.
"Rule" has the meaning provided in RCW 34.05.010. "Rule" does not include a policy statement or interpretive statement as those terms are defined in RCW 34.05.010.
"WADOGE" means the Washington department of government efficiency.
The sum of $750,000, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2027, from the general fund to the Washington department of government efficiency for the purposes of this act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
This act expires July 4, 2028.